Disciplinary Procedures

Investigation of Offences

A charge against an officer or soldier who commits an offence under the Defence Act may be investigated by one of the following means, which form part of the system of justice in Jamaica:

Summary

Under the Defence Act and in accordance with the Summary Jurisdiction Regulations, a subordinate Commander, Detachment Commander, Commanding Officer or Appropriate Superior Authority may deal with certain offences.

Court Martial (Ordinary or Field)

An Ordinary Court Martial may be convened by the Chief of Staff or an officer authorised by the Defence Board.

A Field Court Martial may be convened by an officer on active service who has directed that a charge should be tried by this means.

Neither an Ordinary Court Martial nor a Field Court Martial may try civil offences of murder, manslaughter, treason, treason-felony and rape if they were committed in Jamaica.

Among the awards which may be made summarily and by Ordinary Court Martial are:

Summarily by the Commanding Officer
  • A fine of 28 days pay.
  • Severe reprimand where the accused is a non-commissioned officer.
  • Reduction to substantive rank where the accused is acting in a higher rank.
  • Forty two days detention where the accused is a private soldier.
  • Stoppages of pay where the offence has occasioned any expense, loss or damage.
By Ordinary Court Martial
  • Death (award must be approved by the Governor-General).
  • Imprisonment.
  • Cashiering (where the accused is an officer).
  • Dismissal from Her Majesty’s Service.
  • Reduction in rank (Other Ranks only).
  • Detention for up to two years.

The findings and sentence of an Ordinary Court Martial are subject to confirmation by the Confirming Authority (Chief of Staff) and, in the case of Summary awards, the officer or soldier must be given the right to elect trial by Ordinary Court Martial where the Subordinate Commander, Detachment Commander, Commanding Officer or Appropriate Superior Authority intends to make an award which will affect the pay of the officer or soldier.